I was going to post the new Vogue Germany cover, but was reminded of the email I received last month, from Condé Nast Germany's lawyer (pasted below). While I disagree with their thinking, it is what it is at the moment.
Supposedly I wasn't the only one threatened.
I've always viewed what I do here as promoting magazines, websites, models, agencies, etc... And other entities have learned to embrace sites like Fashion Copious and use them to their advantage, but here we are with Condé Nast Germany.
One thing I'm not clear about is if this came from their corporate/business offices, and if their actual editors would disagree with them.
I left the comment section open and love to hear any feedback, either about the legality of all this, readers thoughts, or opinion of editors. Feel free to leave a comment or email me.
Dr. Stefan Freytag of SFVD:
Dear Mr. Haro:
I represent Condé Nast Verlag GmbH, Karlstraße 23, 80333 Munich, Germany (“Condé Nast Germany”), the German subsidiary of Advance Publications, Inc.
It has come to our client’s attention that you are distributing on your website www.fashioncopious.typepad.com (see: [link] [link])
– without the required authorization, thus infringing our client’s copyright – photos of a shoot which the model Anna Ewers very recently performed for the German edition of my client’s magazine VOGUE.
My client is the exclusive owner of all copyright and exploitation rights in this material that is for distribution in my client’s magazine VOGUE and on our client’s official website www.vogue.de only. Where my client sometimes authorizes the use of certain imagery for promotional and editorial use by other media, subject to certain conditions, my client has never authorized the use of the aforementioned imagery on your website.
As this is clearly not a case of user-generated content or the hosting of third-party content and therefore neither the DMCA safe harbors provisions nor any of their equivalents under European and applicable German law apply, it is merely for clarification that I stress that by receipt of this letter by you all necessary steps have been taken for immediate legal action in the German courts, should you not comply with the following.
Accordingly, I demand on behalf of Condé Nast Germany that you immediately and permanently cease and desist from distributing, copying and/or making available the photographs as set out above on your website www.fashioncopious.typepad.com and/or in any other media and respond to this letter immediately to confirm in writing that you will do so.
Should we discover continued evidence of unlawfully distributing, copying and/or making available the aforementioned photographs by you, we will take legal action as we deem appropriate in co-ordination with Condé Nast’s U.S. legal advisors.
This letter is not a complete statement of Condé Nast Germany’s rights in connection with this matter and nothing contained herein constitutes an express or implied waiver of any rights, remedies or defenses in connection with this matter, all of which are expressly reserved.
Very truly yours,
Dr. Stefan Freytag